Bill Text: NY A06449 | 2019-2020 | General Assembly | Introduced
Bill Title: Reduces the limitations on the number of schools in the city of New York at which photo speed violation monitoring systems may be utilized and the times during which they may be operated; requires such city to install signs giving notice of the use of such a system; and extends the expiration of such program until July 1, 2022.
Spectrum: Partisan Bill (Democrat 41-0)
Status: (Passed) 2019-05-12 - signed chap.30 [A06449 Detail]
Download: New_York-2019-A06449-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6449 2019-2020 Regular Sessions IN ASSEMBLY March 7, 2019 ___________ Introduced by M. of A. GLICK -- read once and referred to the Committee on Transportation AN ACT to amend the vehicle and traffic law, in relation to photo speed violation monitoring systems in school speed zones in the city of New York; to amend chapter 43 of the laws of 2014, amending the vehicle and traffic law, the public officers law and the general municipal law relating to photo speed violation monitoring systems in school speed zones in the city of New York, in relation to making technical corrections thereto; and to amend chapter 189 of the laws of 2013, amending the vehicle and traffic law and the public officers law relating to establishing in a city with a population of one million or more a demonstration program implementing speed violation monitoring systems in school speed zones by means of photo devices, in relation to the effectiveness thereof The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph 1 of subdivision (a) of section 1180-b of the 2 vehicle and traffic law, as amended by chapter 43 of the laws of 2014, 3 is amended to read as follows: 4 1. Notwithstanding any other provision of law, the city of New York is 5 hereby authorized to establish a demonstration program imposing monetary 6 liability on the owner of a vehicle for failure of an operator thereof 7 to comply with posted maximum speed limits in a school speed zone within 8 [the] such city (i) when a school speed limit is in effect as provided 9 in paragraphs one and two of subdivision (c) of section eleven hundred 10 eighty of this article or (ii) when other speed limits are in effect as 11 provided in subdivision (b), (d), (f) or (g) of section eleven hundred 12 eighty of this article [during the following times: (A) on school days13during school hours and one hour before and one hour after the school14day, and (B) a period during student activities at the school and up to15thirty minutes immediately before and up to thirty minutes immediatelyEXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10532-02-9A. 6449 2 1after such student activities] weekdays between the hours of six o'clock 2 A.M. and ten o'clock P.M. Such demonstration program shall empower the 3 city of New York to install photo speed violation monitoring systems 4 within no more than [one hundred forty] seven hundred fifty school speed 5 zones within [the] such city at any one time and to operate such systems 6 within such zones (iii) when a school speed limit is in effect as 7 provided in paragraphs one and two of subdivision (c) of section eleven 8 hundred eighty of this article or (iv) when other speed limits are in 9 effect as provided in subdivision (b), (d), (f) or (g) of section eleven 10 hundred eighty of this article [during the following times: (A) on11school days during school hours and one hour before and one hour after12the school day, and (B) a period during student activities at the school13and up to thirty minutes immediately before and up to thirty minutes14immediately after such student activities] weekdays between the hours of 15 six o'clock A.M. and ten o'clock P.M. In selecting a school speed zone 16 in which to install and operate a photo speed violation monitoring 17 system, the city of New York shall consider criteria including, but not 18 limited to, the speed data, crash history, and the roadway geometry 19 applicable to such school speed zone. Such city shall prioritize the 20 placement of photo speed violation monitoring systems in school speed 21 zones based upon speed data or the crash history of a school speed zone. 22 A photo speed violation monitoring system shall not be installed or 23 operated on a controlled-access highway exit ramp or within three 24 hundred feet along a highway that continues from the end of a cont- 25 rolled-access highway exit ramp. 26 § 2. Paragraph 2 of subdivision (a) of section 1180-b of the vehicle 27 and traffic law, as added by chapter 189 of the laws of 2013, is amended 28 to read as follows: 29 2. No photo speed violation monitoring system shall be used in a 30 school speed zone unless (i) on the day it is to be used it has success- 31 fully passed a self-test of its functions; and (ii) it has undergone an 32 annual calibration check performed pursuant to paragraph four of this 33 subdivision. The city [may] shall install signs giving notice to 34 approaching motor vehicle operators that a photo speed violation moni- 35 toring system is in use [to be mounted on advance warning signs notify-36ing motor vehicle operators of such upcoming school speed zone and/or on37speed limit signs applicable within such school speed zone], in conform- 38 ance with standards established in the MUTCD. 39 § 3. Paragraph 4 of subdivision (c) of section 1180-b of the vehicle 40 and traffic law, as added by chapter 189 of the laws of 2013, is amended 41 to read as follows: 42 4. "school speed zone" shall mean a radial distance not to exceed one 43 thousand three hundred twenty feet [on a highway passing] from a school 44 building, entrance, or exit [of a school abutting on the highway]. 45 § 4. Subdivision (n) of section 1180-b of the vehicle and traffic law, 46 as added by chapter 189 of the laws of 2013, is amended to read as 47 follows: 48 (n) If the city adopts a demonstration program pursuant to subdivision 49 [one] (a) of this section it shall conduct a study and submit [a] an 50 annual report on the results of the use of photo devices to the gover- 51 nor, the temporary president of the senate and the speaker of the assem- 52 bly on or before June first, two thousand twenty and on the same date in 53 each succeeding year in which the demonstration program is operable. 54 Such report shall include: 55 1. the locations where and dates when photo speed violation monitoring 56 systems were used;A. 6449 3 1 2. the aggregate number, type and severity of crashes, fatalities, 2 injuries and property damage reported within all school speed zones 3 within the city, to the extent the information is maintained by the 4 department of motor vehicles of this state; 5 3. the aggregate number, type and severity of crashes, fatalities, 6 injuries and property damage reported within school speed zones where 7 photo speed violation monitoring systems were used, to the extent the 8 information is maintained by the department of motor vehicles of this 9 state; 10 4. the number of violations recorded within all school speed zones 11 within the city, in the aggregate on a daily, weekly and monthly basis; 12 5. the number of violations recorded within each school speed zone 13 where a photo speed violation monitoring system is used, in the aggre- 14 gate on a daily, weekly and monthly basis; 15 6. the number of violations recorded within all school speed zones 16 within the city that were: 17 (i) more than ten but not more than twenty miles per hour over the 18 posted speed limit; 19 (ii) more than twenty but not more than thirty miles per hour over the 20 posted speed limit; 21 (iii) more than thirty but not more than forty miles per hour over the 22 posted speed limit; and 23 (iv) more than forty miles per hour over the posted speed limit; 24 7. the number of violations recorded within each school speed zone 25 where a photo speed violation monitoring system is used that were: 26 (i) more than ten but not more than twenty miles per hour over the 27 posted speed limit; 28 (ii) more than twenty but not more than thirty miles per hour over the 29 posted speed limit; 30 (iii) more than thirty but not more than forty miles per hour over the 31 posted speed limit; and 32 (iv) more than forty miles per hour over the posted speed limit; 33 8. the total number of notices of liability issued for violations 34 recorded by such systems; 35 9. the number of fines and total amount of fines paid after the first 36 notice of liability issued for violations recorded by such systems; 37 10. the number of violations adjudicated and the results of such adju- 38 dications including breakdowns of dispositions made for violations 39 recorded by such systems; 40 11. the total amount of revenue realized by the city in connection 41 with the program; 42 12. the expenses incurred by the city in connection with the program; 43 [and] 44 13. the quality of the adjudication process and its results; 45 14. the total amount of revenue expended on traffic and pedestrian 46 safety within the city of New York; and 47 15. the effectiveness and adequacy of the hours of operation for such 48 program to determine the impact on speeding violations and prevention of 49 crashes. 50 § 5. The opening paragraph of section 12 of chapter 43 of the laws of 51 2014, amending the vehicle and traffic law, the public officers law and 52 the general municipal law relating to photo speed violation monitoring 53 systems in school speed zones in the city of New York, is amended to 54 read as follows: 55 This act shall take effect on the thirtieth day after it shall have 56 become a law [and]; provided that sections one through ten of this actA. 6449 4 1 shall expire 4 years after such effective date when upon such date the 2 provisions of such sections of this act shall be deemed repealed; and 3 provided further that any rules necessary for the implementation of this 4 act on its effective date shall be promulgated on or before such effec- 5 tive date, provided that: 6 § 6. The opening paragraph of section 15 of chapter 189 of the laws of 7 2013, amending the vehicle and traffic law and the public officers law 8 relating to establishing in a city with a population of one million or 9 more a demonstration program implementing speed violation monitoring 10 systems in school speed zones by means of photo devices, is amended to 11 read as follows: 12 This act shall take effect on the thirtieth day after it shall have 13 become a law and shall expire [5 years after such effective date when14upon such date the provisions of this act shall] and be deemed repealed 15 July 1, 2022; and provided further that any rules necessary for the 16 implementation of this act on its effective date shall be promulgated on 17 or before such effective date, provided that: 18 § 7. Notwithstanding the provisions of article 5 of the general 19 construction law, the provisions of: 20 (a) paragraph 1 of subdivision (a) of section 1180-b of the vehicle 21 and traffic law, as amended by section one of this act, is hereby 22 revived and shall be deemed to have been in full force and effect on and 23 after July 25, 2018; and 24 (b) section 1180-b of the vehicle and traffic law, as amended by 25 sections two, three and four of this act, is hereby revived and shall be 26 deemed to have been in full force and effect on and after August 30, 27 2018. 28 § 8. This act shall take effect on the sixtieth day after it shall 29 have become a law; provided that the amendments to section 1180-b of the 30 vehicle and traffic law made by sections one, two, three, and four of 31 this act shall not affect the repeal of such section and shall be deemed 32 repealed therewith.